C. Y. SOMAYAJULU, J.

( 1 ) FIRST respondent filed a complaint for an offence under Section 138 of the Negotiable Instruments Act ( the Act ) against one Y. V. K. Prasad (Al) and the petitioner (A2) alleging that for a debt due to him, A-1 issued a cheque, which on presentation for payment into the bank was dishonoured and that statutory notice issued to A-l and the petitioner, intimating them about the dishonour of the cheque and demanding payment of the amount covered by the dishonoured cheque, was returned unclaimed.

( 2 ) THE contention of the learned counsel for the petitioner is that since section 138 of the Act contemplates prosecution only of the drawer of the bounced cheque, and since petitioner, admittedly, did not draw the dishonoured cheque on any account maintained by him on any bank, even assuming that all the allegations in the complaint are true, question of petitioner being liable for an offence under Section 138 of the Act does not arise and so the complaint against the petitioner is liable to be quashed. The contention of the learned Counsel for first respondent is that since the dishonoured cheque was issued by A-1. in respect of a debt due to the 1st respondent f

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